The Supreme court cannot function as the founders intended unless all of the seats are filled. With the Senate polarized and in an election year it is improbable a timely compromise can made. Considering the uncertainty of the election outcome this could leave a seat open well past January of 2017.
The Presidential election of 2000 was decided by the Supreme Court. Should this scenario recur we should consider the implications in terms of continuity of leadership in the event of a deadlocked Supreme Court.